GL-PCT B VIII 3.2 Nucleotide and amino acid sequences

If the sequence listing of an international application is not available in electronic form and/or does not comply with the standard provided in Annex C to the Administrative Instructions (WIPO Standard ST.25), the EPO as ISA will invite the applicant to furnish the sequence listing in electronic text format and pay a late furnishing fee within a non-extendable time limit of one month from the date of the invitation.[Rule 5.2; 13ter.1;

GL-PCT B VIII 3.1 Examples of impossibility to perform a meaningful search over the whole of the claimed scope

A number of non-limiting examples will illustrate where a restriction of the search may find application:

(i)claims lacking support; insufficient disclosure [Art. 5; 6; ]

One example would be a claim so broadly formulated that at least part of its scope is speculative, i.e.

GL-PCT B VIII 3 No meaningful search possible

The meaning of the word "meaningful" in the context of Art. 17(2)(a)(ii) is essentially a matter for the examiner to decide. The examiner's finding may change in the light of any reply from the applicant to the invitation for informal clarification, if available (see GL/PCT‑EPO B‑VIII, 3.3 and 3.4).

GL-PCT B VIII 2.2.1 Computer‑implemented business methods

As a result of an amendment to the Agreement between the EPO and WIPO under the PCT, any national or resident of the United States of America filing an international application on or after 1 January 2015 with the United States Patent and Trademark Office (USPTO) or the IB as receiving Office will be able to select the EPO as ISA irrespective of the technical field in which the application is classified. It should, however, be noted that the Notice from the EPO dated 1 October 2007 concerning business methods remains applicable.

GL-PCT B VIII 2.2 Subject-matter according to Rules 39.1(i) , Rules 39.1 (iii) , Rules 39.1 (v) and Rules 39.1 (vi)

Section B‑VIII, 2.2, in the Guidelines for Examination in the EPO applies mutatis mutandis.

The EPO applies options A9.07[2] and A9.15[2] of the Appendix to Chapter 9 of the ISPE Guidelines.

GL-PCT B VIII 2.1 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body

Claims directed to medical treatment which would fall under the exceptions to patentability under Art. 53(c) EPC should, in principle, also be exempted from international search.[Rule 39.1(iv); GL/ISPE 9.08; 9.10; ]

Yet the EPO as ISA applies the same p

GL-PCT B VIII 2 Subject-matter which the ISA is not required to search and examine

Art. 17(2)(a)(i) and Art. 34(4)(a)(i) together with Rules 39 and 67.1 are the equivalents of Art. 52(2), (3) and 53(b), (c) EPC concerning the exclusion from patentability of non-technica

GL-PCT B VIII 1 General remarks

The aim of the EPO as ISA is to issue international search reports which are as complete as possible. Nevertheless, there are situations in which the search report and the written opinion cover only part of the subject-matter claimed, or in which no search report is issued.

GL-PCT B VIII – Subject-matter to be excluded from the search

1. General remarks

2. Subject-matter which the ISA is not required to search and examine

3. No meaningful search possible

4. Multiple independent claims per category

GL-PCT B VII 8 Lack of unity and incomplete search

The procedures for dealing with cases which lack unity and where in addition a meaningful search is not possible are dealt with in GL/PCT‑EPO B‑VIII, 3.6.[Rule 13; Art. 17(2)(a)(ii); Art. 17(3)(a); ]